( 1 ) THIS order shall also govern Miscellaneous petitions Nos. 112 and 113, both of 1961.

( 2 ) THESE are three petitions under Articles 226 and 227 of the Constitution of India by transport companies holding permits under the Motor Vehicles Act, 1939, challenging the validity of the Madhya Pradesh Motor Vehicles (Taxation of passengers) Act, 1959, (hereinafter referred to as the Act), on various grounds. The petitioners pray for the issue of a writ in the nature of mandamus for restraining the respondents from giving effect to the provisions of the Act or acting in any manner by virtue of or under the said Act. Alternatively they pray that if the act is valid, then a direction prohibiting the respondents from enforcing the Act as against them until the State Government issues a notification under Section 43 of the Motor Vehicles Act enhancing the maximum rate of fare in respect of the stage carriages run by them, be issued.

( 3 ) THE impugned Act was enacted in 1959. It came into force on 1st February 1961, which was the date appointed for the purpose by a notification issued under section 1 (3) of the Act. The long title of the Act is "an Act to provide for the levy